Code of

Conduct for the

Office of the
Prosecutor
Code of Conduct for the Office of the
Prosecutor

Date of entry into force: 5 September 2013

Maanweg 174, 2516 AB The Hague, The Netherlands – Maanweg 174, 2516 AB La Haye, Pays-Bas www.icc-cpi.int
Telephone – Téléphone +31(0)70 515 85 15 / Facsimile – Télécopie +31(0)70 515 85 55
Table of Contents

Introduction: Five Fundamental Rules ............................................................................................. 4

Chapter 1. General provisions ......................................................................................................... 5

Section 1. Scope of application ........................................................................................... 5

Section 2. Use of terms........................................................................................................ 5
Section 3. Purpose of this Code........................................................................................... 6
Section 4. General principles............................................................................................... 6
Section 5. Relation to other normative texts........................................................................ 6
Section 6. Solemn undertaking and oath of office............................................................... 7
Section 7. Compliance......................................................................................................... 7

Chapter 2. Standards of conduct ..................................................................................................... 7

Section 1. General standards of professional conduct ......................................................... 7

Section 2. Independence ...................................................................................................... 8
Section 3. Honourable conduct............................................................................................ 9
Section 4. Faithful conduct .................................................................................................. 9
Section 5. Conscientious conduct...................................................................................... 10
Section 6. Impartiality ....................................................................................................... 10
Section 7. Confidentiality .................................................................................................. 11
Section 8. Public expression and association .................................................................... 12
Section 9. Conflict of interest and other impediments ...................................................... 12
Section 10. Non acceptance of gifts, remunerations and favours from external sources .... 13

Chapter 3. Specific duties ............................................................................................................... 14

Section 1. Objective truth-seeking..................................................................................... 14

Section 2. Effective investigation and prosecution ........................................................... 14
Section 3. Disclosure ......................................................................................................... 15
Section 4. Handling of information and evidence ............................................................. 15
Section 5. Security............................................................................................................. 15

Chapter 4. Working relations......................................................................................................... 16

Section 1. Equal treatment, non-discrimination and non-harassment ............................... 16

Section 2. Relations with other organs of the Court.......................................................... 16
Section 3. Relations with victims and witnesses ............................................................... 17
Section 4. Relations with persons under investigation and accused persons .................... 18
Section 5. Relations with counsel...................................................................................... 18
Section 6. Conduct in Court .............................................................................................. 18

Chapter 5. Discipline....................................................................................................................... 19

Section 1. Offences and misconduct against the administration of justice ....................... 19

Section 2. Unsatisfactory Conduct .................................................................................... 19

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Chapter 6. Privileges and immunities.......................................................................................... 20

Section 1. Purpose of privileges and immunities .............................................................. 20

Section 2. Waiver of privileges and immunities................................................................ 20

Chapter 7. Final provisions ............................................................................................................ 21

Section 1. Entry into force ................................................................................................. 21

Section 2. Publication ........................................................................................................ 21

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Introduction: Five Fundamental Rules

1. Respect, regard and adhere to the Rome Statute and the Rules of Procedure and
Evidence;

2. Conduct yourself in a manner befitting the status of international civil servants,

displaying the highest standards of integrity, independence, impartiality
professionalism and confidentiality;

3. Be conscious of the purpose of the Court and the crucial role the Office plays in
investigating and prosecuting international crimes, and in the administration of
justice;

4. Respect human rights and fundamental freedoms, the principle of equality before
the law, the presumption of innocence and right to a fair trial;

5. Be respectful, courteous and considerate towards victims and witnesses, all staff
members and elected officials of the Court and all counsel.

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Chapter 1. General provisions

Section 1. Scope of application

1. This Code shall apply to all Members of the Office as well as interns, visiting
professionals, gratis personnel and staff members of other organisations on
secondment or otherwise made available to the Office.

2. Unless indicated otherwise in their contracts, this Code shall not apply to
consultants, contractors and special advisers of the Office.

3. The standards of this Code are applicable at all times, to the extent that professional
and personal conduct and associations of Members of the Office may adversely
affect the integrity, independence and impartiality of the Office.

Section 2. Use of terms

4. Unless otherwise defined in this Code, all terms used are defined as in the Statute,
the Rules of Procedure and Evidence, the Regulations of the Court and the
Regulations of the Office of the Prosecutor.

5. In this Code:

(a) ‘article’ refers to the articles of the Rome Statute;

(b) ‘Code’ is the Code of Conduct for the Office of the Prosecutor;
(c) ‘Court’ refers to the International Criminal Court;
(d) ‘counsel’ refers to defence counsel, counsel acting for States, amicus curiae
and counsel or legal representatives for victims and witnesses, practising at
the Court;
(e) ‘Office’ refers to the Office of the Prosecutor of the Court;
(f) ‘Members of the Office’ refers to the Prosecutor, Deputy Prosecutor(s) and
Staff members of the Office;
(g) ‘Regulations’ refers to the Regulations of the Office of the Prosecutor;
(h) ‘rule’ refers to a rule of the Rules of Procedure and Evidence;
(i) ‘Staff members’ refers to all Staff members of the Office within the meaning
of article 44;
(j) ‘Statute’ refers to the Rome Statute of the Court.

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Section 3. Purpose of this Code

6. The provisions of this Code shall establish a set of minimum standards of conduct
applicable to all Members of the Office of the Prosecutor, as a supplement to the
general standards of conduct as promulgated in the Code of Conduct for Staff
Members, the Staff Regulations, the Staff Rules, the Code of Conduct for
Investigators and any other document that may be relevant to the performance of
their duties.

Section 4. General principles

7. The Office upholds and respects the principles embodied in the Statute, the Rules of
Procedure and Evidence and the Regulations of the Court. It also adheres to the
Financial Regulations and Rules, Staff Regulations and Rules, the Regulations of the
Office of the Prosecutor and all policies of the Court that are relevant to the Office.

8. The Office and all its members are primarily guided by the following principles:

(a) independence of the Office;

(b) professional ethics and integrity;
(c) fair, impartial, effective and expeditious investigation and prosecution;
(d) respect for confidentiality of investigations and prosecutions;
(e) respect for human rights and fundamental freedoms recognised by
international law in conformity with the Statute, and non-discrimination
against any individual or groups of individuals; and
(f) a shared culture rooted in the principles and purposes of the Statute,
without bias for the rules and methods of any national system.

Section 5. Relation to other normative texts

9. This Code shall be read subject to the provisions of the Statute, the Rules of
Procedure and Evidence, the Financial Regulations and Rules and the Staff
Regulations and Rules, and in conjunction with the Regulations of the Court, the
Regulations of the Office of the Prosecutor, the Regulations of the Registry, the Code
of Conduct for Investigators, the Code of Conduct for Staff Members and other
administrative issuances.

10. Where there is any inconsistency between this Code and any other code of ethics or
professional responsibility which Members of the Office are bound to honour
outside the applicable legal regime established at the Court, the provisions of this
Code shall prevail in respect of the professional conduct of Members of the Office

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 when working for or practising before the Court.

Section 6. Solemn undertaking and oath of office

11. Members of the Office shall, prior to commencing employment, make and
subsequently adhere to the following solemn undertaking: ‘I solemnly undertake
that I will perform my duties and exercise my powers as [title] of the Office of the
Prosecutor honourably, faithfully, impartially and conscientiously, and that I will
respect the confidentiality of investigations and prosecutions.’

Section 7. Compliance

12. Staff members shall respect, uphold and adhere to the principles and standards of
conduct established in this Code, and, to the best of their ability, prevent and
actively oppose any departure therefrom. When given reason to believe that a
departure from these standards has occurred or is about to occur, Staff members
shall report the matter to their supervisors or the Prosecutor.

13. Adherence to this Code is mandatory and shall be taken into account during yearly
performance appraisals of Members of the Office.

14. The Legal Advisory Section shall assist the Prosecutor in promoting awareness of
and compliance with this Code.

Chapter 2. Standards of conduct

Section 1. General standards of professional conduct

15. The Prosecutor and the Deputy Prosecutor(s) shall set an impeccable example of
conduct for Staff members and provide, inter alia, appropriate direction, guidance
and support in the promotion and cultivation of the standards expected of the Office
as set out in this Code.

16. The basic rights and obligations of Staff members shall be governed by the Court’s
Staff Regulations and Rules, with particular regard to Chapter I of the Staff Rules,
article I of the Staff Regulations, the Court’s Code of Conduct for Staff Members, the
Code of Conduct for Investigators where appropriate, and all other Administrative
Instructions pertaining to their conduct.

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17. Members of the Office shall refrain from any conduct which would adversely reflect
on the Office and/or the Court, and shall not engage in any activity that is
incompatible with the aims, objectives and interests of the Office and the Court, or
with the exercise of their functions as persons working for the Court.

18. Members of the Office shall not participate or engage in any illegal activities or
corrupt practices.

19. Members of the Office shall refrain from using illegal substances, including
narcotics or other unlawful drugs, or consume alcohol in a quantity sufficient to
interfere with their official functions.

20. In their dealings within the Office and the Court, including with counsel, and
externally, with governments, organisations and individuals, members of the Office
shall, inter alia:

(a) conduct themselves honourably, professionally, faithfully, impartially and

conscientiously;
(b) abstain from any conduct which may be directly or indirectly in conflict
with the discharge of their official duties; and
(c) uphold the highest standards of integrity and relevant standards on
confidentiality, fairness, honesty and truthfulness in all matters affecting
work and status.

Section 2. Independence

21. In accordance with article 42, the Office of the Prosecutor acts independently as a
separate Organ of the Court in the execution of its mandate. Members of the Office
shall exercise their functions free of any external influences, inducements, pressures,
threats or interference, direct or indirect.

22. The Prosecutor shall ensure that Staff members maintain their full independence.

23. In particular, Members of the Office shall, inter alia:

(a) not seek or act upon instructions from any external source;
(b) remain unaffected by any individual or sectional interests and, in
particular, by any pressure from any State, or any international,
intergovernmental or non-governmental organisation or the media;
(c) refrain from any activity which is likely to negatively affect the confidence
of others in the independence or integrity of the Office;
(d) refrain from any activity which may lead to any reasonable inference that
their independence has been compromised;

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 (e) refrain from the exercise of other occupations of a professional nature
without the prior approval of the Prosecutor; and
(f) refrain from any activity which is likely to interfere with the performance
of duties and the exercise of functions as Members of the Office.
24. Staff members who are confronted with an attempt by any source to induce them to
violate their obligation of loyalty and independence shall promptly report this to a
Head of Division or Section, the Prosecutor or the Deputy Prosecutor(s), who shall
provide guidance on how to proceed.

Section 3. Honourable conduct

25. In the exercise of their duties and powers, the Members of the Office shall at all
times act honourably and regulate their conduct with the interests of the Court only
in view.

26. Honourable conduct encompasses the embodiment of the dignity of the Office,
which includes, inter alia:

(a) dignified and courteous conduct in all relations with the Chambers and
judges of the Court, the Registrar and the Deputy Registrar of the Court,
State officials, and other dignitaries that befits a high institution of
international criminal justice;
(b) dignified, courteous, collegial and supportive conduct towards all persons
working for the Office and the Court;
(c) dignified and courteous conduct towards the persons under investigation
or the accused;
(d) dignified, courteous and sensitive conduct towards all victims and
witnesses, in particular children, elderly persons, persons with disabilities
and victims of sexual and gender violence; and
(e) dignified and courteous conduct towards counsel and their team members.

Section 4. Faithful conduct

27. Faithful conduct encompasses the fulfilment of the trust reposed in the Office of the
Prosecutor. Faithful conduct includes, inter alia:

(a) loyalty to the aims, principles and purposes of the Court;

(b) acting within the boundaries of inherent or delegated powers and
functions;

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 (c) due deference to the authority of the Prosecutor, the Deputy Prosecutor(s),
the Executive Committee of the Office, superiors and relevant authorities,
including Chambers, acting within the scope of their powers; and
(d) respect for the principles of this Code, and a concerted effort to prevent,
oppose and address any departure therefrom.

Section 5. Conscientious conduct

28. Conscientious conduct encompasses the diligent and systematic pursuit of goals
established by the Office. Conscientious conduct includes, inter alia:

(a) understanding of and due compliance with the standards established by

this Code, the Operations Manual, guidelines, policies, procedures and
recommendations of the Office; and
(b) compliance with arrangements and agreements binding the Office.

Section 6. Impartiality

29. Impartiality is one of the core principles governing the work of the Office. Impartial
conduct encompasses the fair-minded and objective treatment of persons and issues,
free from any bias or influence.

30. Impartial conduct includes, inter alia:

(a) respect for the presumption of innocence. In particular, Members of the

Office shall not publicly express an opinion on the guilt or innocence of a
person under investigation or the accused outside the context of the
proceedings before the Court;
(b) refraining from expressing an opinion that could, objectively, adversely
affect the required impartiality, whether through communications media,
in writing or public addresses, or through any other actions outside the
context of the proceedings before the Court;
(c) full conformity with the applicable rules on disclosure of evidence.
31. Members of the Office shall not participate in any matter in which their impartiality
might reasonably be doubted on any ground, and shall request to be excused from
any matter as soon as grounds for disqualification arise, especially those indicated
in article 42(7) and rule 34(1).

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Section 7. Confidentiality

32. Members of the Office shall uphold the highest standard of confidentiality in the
discharge of their duties, respect and actively exercise all care to ensure respect for
the confidentiality of information.

33. Members of the Office shall not disclose any privileged material or any material
deemed confidential by the Court, unless authorised to do so.

34. In addition, Staff members who accidentally encounter confidential material or

information shall immediately take all measures necessary to avoid or minimise a
possible negative impact on the operations of the Office and the Court and notify
their superiors.

35. Confidentiality includes, inter alia:

(a) full conformity with policies and procedures regarding confidentiality of

correspondence, documents, proceedings, information and other matters.
Members of the Office shall pay particular attention to the provisions set
out in the Information Security Manual, the Administrative Instructions on
the ICC Information Protection Policy and the Computer and Network
Services Policy;
(b) upholding the obligations stipulated in the Confidentiality Undertaking
and the Oath of the Office;
(c) discernment and vigilance regarding all communications that may raise
issues of confidentiality, particularly communications with persons outside
the Office;
(d) immediate reporting of suspected breaches of confidentiality where such
suspected breaches would pose a danger to the safety, well-being or
privacy of staff, victims, witnesses, persons under investigation, the
accused and their families;
(e) containment of reported breaches of confidentiality by refraining from
unnecessary discussion thereof in any context; and
(f) secure maintenance and storage of any material obtained by members of
the Office in the course of their official functions.
36. The obligations of Members of the Office regarding confidentiality shall not cease
upon separation from service.

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Section 8. Public expression and association

37. Members of the Office shall exercise their freedom of expression and association in a
manner that is compatible with their office and that does not affect or appear to
affect the independence and/or impartiality of the Office.

38. Members of the Office shall not, either officially or unofficially, make any public
comments that detract from the role of the Office and the Court.

39. Members of the Office shall refrain from making any public pronouncements,
outside the context of the proceedings before the Court, that they know, or
reasonably ought to know, may be disseminated by means of public
communication, and may have a substantial likelihood of prejudicing the judicial
proceedings or the rights of any person in the proceedings before the Court.

40. In accordance with Staff Rule 101.7 and Staff Regulation 1.2(n)-(o), except where
authorised in the normal course of their official duties, Staff members of the Office
shall not issue statements to the press, radio or other public information agencies;
accept any outside speaking engagements; take part in film, theatre, radio or video
productions; or submit any articles, books or other material for publication without
the prior approval of, or on behalf of, the Prosecutor.

41. Without prejudice to their obligations of, inter alia, confidentiality, nothing in this
Code shall prevent the Members of the Office from responding to or taking action in
good faith against slanderous statements or statements amounting to defamation of
their good character or reputation.

Section 9. Conflict of interest and other impediments

42. Members of the Office shall abstain from any conduct which may, directly or
indirectly, be in conflict with the discharge of their official duties during terms of
service or may compromise the independence and trust reposed in the Office
following separation of service. These conflicts may arise, inter alia, from:

(a) personal interest in the case, including a spousal, parental or other close
family, personal or professional relationship, or a subordinate relationship,
with any of the parties; and
(b) circumstances in which Members of the Office appear to benefit, directly or
indirectly, from financial or other involvement with the activities of any
enterprise that engages in any business or transaction with the Court.
43. In the event of any conflict of interest, whether financial or otherwise, Staff members
shall immediately disclose the nature of that interest to the head of the Division or
Section, or to the Prosecutor, who shall decide whether the conflict is of such a

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 nature as to require that the Staff member concerned participate no further in the
matter concerned.

44. Upon separation from service for whatever reason, Staff members shall refrain from
accepting engagement or appointment as defence counsel or member of a defence
team in any of the proceedings before the Court, for a period of 12 months from the
day of separation, unless specifically authorised by the Prosecutor. This applies
only to those who have made a declaration to that effect.

Section 10. Non acceptance of gifts, remunerations and favours

from external sources

45. The Prosecutor and Deputy Prosecutor(s) shall not directly or indirectly accept any
gift, advantage, privilege or reward that could reasonably be perceived as intended
to influence the independent performance of their functions.

46. Acceptance by Staff members and the Deputy Prosecutor of any honour, decoration,
favour, gift or remuneration from any Government or from any non-governmental
source shall require the prior approval of, or on behalf of, the Prosecutor. However,
Staff members may occasionally accept, without prior approval, minor gifts of
essentially nominal value, provided that all such gifts are promptly disclosed to the
Staff member’s Head of Division or Section or the Prosecutor, as applicable, who
may direct that the gift be accepted by the Staff member, entrusted to the Court or
returned to the donor. Any gifts accepted shall be recorded in the Gift Register.

47. Members of the Office shall neither offer nor promise any favour, gift, remuneration
or any other personal benefit to another Staff member or to any third party with a
view to causing him or her to perform, fail to perform or delay the performance of
any official act. Similarly, Members of the Office shall neither seek nor accept any
favour, gift, remuneration or any other personal benefit from another Member of the
Office or from any third party in exchange for performing, failing to perform or
delaying the performance of any official act.

48. Unless otherwise provided for, Staff members are not permitted to accept
remuneration from any external source for any publication, outside speaking
engagement or other act that is related to the purpose, activities or interests of the
Court, such as a lecture fee, stipend or other allowance.

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Chapter 3. Specific duties

Section 1. Objective truth-seeking

49. In compliance with the duty to establish the truth under article 54(1)(a) of the
Statute, the Office shall investigate incriminating and exonerating circumstances
equally in all steps involved in the planning and conduct of investigative and
prosecutorial activities. In particular, Members of the Office shall:

(a) conduct investigations with the goal of establishing the truth, and in the
interests of justice;
(b) consider all relevant circumstances when assessing evidence, irrespective
of whether they are to the advantage or the disadvantage of the
prosecution;
(c) ensure that all necessary and reasonable enquiries are made and the results
disclosed in accordance with the requirements of a fair trial, whether they
point to the guilt or the innocence of the suspect.
50. Staff members shall report to the Prosecutor concerns which, if substantiated, would
tend to render a previous conviction made by the Court unsafe, bring the
administration of justice into disrepute or constitute a miscarriage of justice.

Section 2. Effective investigation and prosecution

51. In accordance with article 54(1)(b), Members of the Office shall ensure that the
standards of effective investigation and prosecution are upheld and shall:

(a) act with competence and diligence, make impartial judgments based on the
evidence and consider foremost the interests of justice in determining
whether or not to proceed;
(b) fully respect the rights of persons under investigation and the accused and
ensure that proceedings are conducted in a fair manner;
(c) refrain from prosecuting any person whom they believe to be innocent of
the charges;
(d) refrain from proffering evidence reasonably believed to have been obtained
by means of a violation of the Statute or internationally recognised human
rights if the violation casts substantial doubt on the reliability of the
evidence or the admission of evidence would be antithetical to and would
seriously damage the integrity of the proceedings.

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Section 3. Disclosure

52. Members of the Office shall comply with the applicable rules on disclosure of
evidence and inspection of material in the possession or control of the Office in a
manner that facilitates the fair and expeditious conduct of the proceedings and fully
respects the rights of the person under investigation or the accused, with due regard
for the protection of victims and witnesses.

53. Disclosure shall include:

(a) evidence that shows or tends to show the innocence of the accused, or to
mitigate the guilt of the accused, or which may affect the credibility of
prosecution evidence; and
(b) any documents or information by order of the Chambers.
54. Inspection shall include any books, documents, photographs or any other tangible
object in the possession or control of the Office which are material to the preparation
of the defence or are intended for use by the Office as evidence for the purposes of
the confirmation hearing or at trial or were obtained from or belonged to the suspect
or accused.

Section 4. Handling of information and evidence

55. Members of the Office shall, in order to ensure an uninterrupted chain of custody:

(a) preserve the integrity of information and evidence;

(b) not compromise the effective retention, storage and security of information
and evidence; and
(c) handle and maintain securely any material obtained in the course of their
official functions.

Section 5. Security

56. Members of the Office shall not engage in any deliberate conduct, or make any
disclosure, which places or is likely to place the security of any person at risk.

57. Members of the Office shall take appropriate measures to protect the physical and
psychological well-being, dignity and privacy of any person at risk as a direct result
of his or her interaction with the Office.

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Chapter 4. Working relations

Section 1. Equal treatment, non-discrimination and non-

harassment

58. Staff members shall be recruited, hired, transferred, trained and compensated on the
basis of merit and without regard for characteristics such as race, marital status,
pregnancy or potential pregnancy, religion, ethnicity, colour, sexual orientation,
disability, political belief or responsibilities as a caregiver.

59. Members of the Office shall treat their colleagues, and other persons encountered in
the context of their work, with courtesy and respect, and abstain from treating
individuals less favourably because they have a particular characteristic or belong to
a particular group as specified in paragraph 58 above.

60. Members of the Office shall not engage in any covert or overt behaviour that
reasonably has the effect of violating someone else’s dignity or creating an
intimidating, degrading, hostile, humiliating or offensive work environment, and
avoid behaviour that, although not rising to the level of harassment or abuse, may
nonetheless create an atmosphere of hostility or intimidation.

61. Staff members shall pay particular attention to the rules set out in the Administrative
Instructions on Sexual and other Forms of Harassment and on Equal Employment
Opportunity and Treatment.

Section 2. Relations with other organs of the Court

62. Members of the Office shall not engage in direct or indirect ex parte communication
with judges, Chambers or any Staff members of the Chambers on the merits of trial
or appeal proceedings during the course of those proceedings, unless authorised
under the Statute or the Rules of Procedure and Evidence, or so instructed by the
relevant Chamber or the judges.

63. In the course of their duties, Members of the Office shall not:

(a) present evidence knowing it to be false or forged;

(b) knowingly make an untrue statement of material fact to a judge, the
Chamber, the Presidency, counsel or the Registry;
(c) transmit evidence, notes or documents to a judge or Chamber except
through the Registry, unless authorised by the judge or Chamber.

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64. Staff members shall cooperate with colleagues in other organs of the Court. In so
doing, they shall duly respect all applicable instructions as defined by the Office.

65. Should a Member of the Office become aware that a statement made to the judge or
the Chamber is incorrect, or that evidence presented to the judge or the Chamber is
false, he or she shall inform the Prosecutor as soon as possible.

Section 3. Relations with victims and witnesses

66. The Office aims to establish a relationship of trust and respect with victims and
witnesses. Members of the Office shall conduct themselves in a manner that limits
risks to witnesses, victims and others who are at risk on account of testimony given
by such witnesses, respect their confidentiality and privacy and minimise the
potential for harm.

67. Members of the Office shall, inter alia:

(a) not harass, intimidate or pressure victims and witnesses to testify before
the Court or to have any dealings with the Court;
(b) consider the views and concerns of victims when their personal interests
are affected and ensure that victims are informed of their rights in
accordance with the Statute and the Rules;
(c) engage constructively with the legal representatives of victims in order to
promote the efficient conduct of proceedings;
(d) where appropriate, fully explain the rights of witnesses pursuant to article
55(1), including the right against self-incrimination or the incrimination of
family members.
68. Members of the Office shall not abuse or misuse their status and the authority of the
Office, and shall not engage in any conduct that is likely to bring the Court into
disrepute. This includes, but is not limited to:

(a) any deliberate conduct resulting in physical, sexual or psychological harm

or suffering to members of any locality, especially women and children, in
which an investigation is being conducted;
(b) any abusiveness, coercion or threats to any person with whom Members of
the Office have dealings;
(c) corruptly influencing a witness, obstructing or interfering with the
attendance or testimony of a witness, or retaliating against a witness for
giving testimony;
(d) any sexual relationship with witnesses, victims who appear before the
Court and others who are at risk on account of testimony given by such
witnesses, or a person engaged by a Member of the Office in relation to a

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 situation under investigation.

Section 4. Relations with persons under investigation and

accused persons

69. In their relations with persons under investigation or accused persons, Members of
the Office shall, inter alia:

(a) respect their rights and ensure that proceedings are conducted in a fair
manner;
(b) inform them of their rights under article 55(2);
(c) not communicate directly with a represented person, except through, or
with the permission of, that person’s legal representative, unless such
contact is authorised by the relevant judge or Chamber; and
(d) inform unrepresented persons of their right to assistance from counsel and,
if applicable, of their right to legal assistance.

Section 5. Relations with counsel

70. Members of the Office shall:

(a) in dealing with counsel and their team members, act fairly, in good faith
and courteously;
(b) cooperate with counsel and their team members as reasonably as possible,
with a view to ensuring that proceedings are fair and expeditious; and
(c) not communicate directly with a represented person, except through, or
with the permission of, that person’s legal representative, unless such
contact is authorised by the relevant judge or Chamber.

Section 6. Conduct in Court

71. Without prejudice to the standards of conduct applicable to all Staff members, those
representing the Prosecutor at hearings before the Chambers of the Court shall, in
particular:

(a) uphold the highest standards of integrity, confidentiality, fairness, honesty

and truthfulness;
(b) act with independence and in the interest of justice, and assist the Court in
arriving at a just decision;

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 (c) ensure, to the best of their abilities, that a just verdict is reached at the end
of the trial process and not strive for a conviction at all costs;
(d) conduct themselves in an honourable, professional, dignified and
courteous manner towards all parties and participants to the proceedings,
as well as witnesses giving testimony;
(e) act with due deference to the authority of Chambers;
(f) not participate in any matter in which their impartiality might reasonably
be doubted on any ground, and request the Prosecutor to excuse them from
any matter as soon as grounds for disqualification arise, especially those
indicated in article 42(7) and rule 34(1);
(g) not deceive or knowingly mislead the Court, judge, counsel, or the Registry
and take all necessary steps to correct an error or inaccuracy as soon as
possible after it has been discovered;
(h) not present evidence knowing it to be false or fabricated;
(i) disclose, unless the Chamber authorises otherwise, all evidence that shows
or tends to show the innocence of a person under investigation or an
accused, or to mitigate their guilt, or which may affect the credibility of
prosecution evidence, as well as any other documents or information by
order of the Chambers.

Chapter 5. Discipline

Section 1. Offences and misconduct against the administration of

justice

72. Members of the Office shall not engage in any conduct that is likely to harm the
administration of justice as set forth in articles 70 and 71.

73. Members of the Office shall cooperate with any investigations of alleged offences
against the administration of justice under article 70 or alleged misconduct before
the Court under article 71, and comply with any measures imposed by the Court.

Section 2. Unsatisfactory Conduct

74. Staff members shall not engage in any conduct that is not compatible with the
standards set forth in this Code, considered unsatisfactory in accordance with Staff
Rule 110.1, or listed as unsatisfactory in Section 5(3) of the Code of Conduct for Staff
Members. Investigators shall, in addition, also refrain from any conduct that is not
compatible with the standards set forth in the Code of Conduct for Investigators.

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75. Any unsatisfactory conduct may result in the Prosecutor imposing appropriate
disciplinary measures in accordance with Chapter X of the Staff Rules.

76. Members of the Office shall cooperate with any investigations into an alleged breach
of this Code, and comply with any measures that may be imposed by the
Prosecutor.

Chapter 6. Privileges and immunities

Section 1. Purpose of privileges and immunities

77. The privileges and immunities enjoyed by the Court, its officials and its Staff
members by virtue of article 48 of the Statute, the Agreement on Privileges and
Immunities of the Court and ad hoc agreements with States, and the Headquarters
Agreement between the International Criminal Court and the Host State are granted in the
interests of the good administration of justice and not for the benefit of the
individuals themselves. Those privileges and immunities may be waived in
accordance with the applicable procedures and there is a duty to do so in any
particular case where they would impede the course of justice and can be waived
without prejudice to the purpose for which they were accorded.

78. The privileges and immunities enjoyed by the Court are in no way intended to
derogate from the obligations of Members of the Office to observe their private legal
obligations.

Section 2. Waiver of privileges and immunities

79. In any case where an issue arises regarding the application of those privileges and
immunities, the Deputy Prosecutor or Staff member shall immediately report the
matter to the Prosecutor, who may decide whether such privileges and immunities
exist and whether they shall be waived in accordance with the relevant Court
instruments.

80. If a Staff member or a Deputy Prosecutor engages in conduct which constitutes a

crime punishable by deprivation of liberty or other penalty under the national law
of the State(s) with jurisdiction to investigate and prosecute, the Prosecutor may
waive the privileges and immunities of such alleged offender upon request of the
State(s) concerned. In the case of the Prosecutor, the privileges and immunities may
be waived by an absolute majority of the judges.

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Chapter 7. Final provisions

Section 1. Entry into force

81. This Code and any amendments thereto shall enter into force on the date of their
adoption by the Prosecutor.

82. Any proposal for amendments to this Code shall be referred to the Legal Advisory
Section. The Legal Advisory Section shall present proposed amendments to the
Prosecutor for consideration.

Section 2. Publication

83. The Code shall be published in English and French on the official website of the
Court.

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